Win for DP as court bars arrest, prosecution of allies

Justice Lawrence Mugambi. [File, Standard] 

The High Court has issued an order barring the Director of Public Prosecutions (DPP) from prosecuting three allies of Deputy President Rigathi Gachagua in connection with the June youth-led protests.

Justice Lawrence Mugambi also stopped the Directorate of Criminal Investigations (DCI) from arresting and detaining former Nyeri Town MP Ngunjiri Wambugu, George Theuri, and Pius Munene over Gen-Z protests.

“A conservatory order is hereby issued restraining the respondent, their agents, and or servants from arresting, detaining, confining, pursuing and or in any other way interfering with the petitioners' liberty in connection with the allegations giving rise to this petition until October 15, 2024,” ruled Justice Mugambi ruled.

The order comes hours after the DPP approved criminal charges against the trio together with Embakasi Central MP Benjamin Gathiru Mwangi, known as Mejja Donk, and Embakasi North MP James Gakuya over violent protests that erupted in June 2024.

In a letter dated September 26, DPP Ingonga communicated with the Director of Criminal Investigations (DCI), Mohamed Amin, indicating that sufficient evidence existed to charge the implicated individuals with conspiracy to commit a felony.

"The inquiry file was placed before the Director of Public Prosecutions for perusal and directions. Upon careful perusal, the DPP has directed that there is sufficient evidence to charge the suspects with the offence of conspiracy to commit a felony contrary to section 393 of the Penal Code," Ingonga through his assistant Vicent Moda states in the letter.

Ingonga also ordered the initiation of a separate inquiry into potential money laundering and financial crimes links against the politicians and the police inquiry file be returned to his office for further examination

"In addition, a separate inquiry file be opened for money laundering and financial crimes-related offences and the police inquiry file is returned forthwith," Moda states in the letter.

Justice Mugambi temporarily halted the prosecution of the three after another judge last week extended orders barring the DPP and DCI from prosecuting MPs Gakuya and Gathiru over allegations of financing and mobilizing the youth-led protests in June this year.

This is after Justice Chacha Mwita had on August 5, 2024, issued an order barring their arrest and prosecution in connection to the violent protest in Nairobi.

This means that all the five Gachagua allies' prosecution will await the hearing and determination of the separate petitions filed in court challenging their prosecution.

The state accuses the politicians and Gachagua aides of planning, mobilizing and financing the recent violent protests witnessed in Nairobi CBD.

The investigations into the violent protests by DCI detectives, which took place on June 25, revealed that the suspects had allegedly met at a Nairobi hotel to plan and finance the demonstrations.

DCI boss Amin says that the investigation involved detailed forensic examinations of their mobile phones and efforts to retrieve relevant financial data from the Financial Reporting Centre (FRC), telecommunications provider Safaricom, and various banking institutions.

The protests that led to these charges were marked by chaos, as large groups of youths vandalized Parliament and the offices of Chief Justice Martha Koome.